Lin Mokai, a native of Minqing, bought a bus and anchored it in Minqing Branch of Fujian Huawei Automobile Transportation Group Co., Ltd. ... I didn't expect the bus to hit a motorcyclist. Who should "pay" the medical expenses?
On June 30, 2007, 65438+February 30, 2007, a bus crashed into a motorcycle on Minqing 123 County Road, and the owner of the motorcycle was injured, which was identified as grade 9 disability. According to the traffic police brigade of Minqing County Public Security Bureau, the bus driver is fully responsible.
Minqing Branch of Huawei Automobile Transportation Group Co., Ltd. believes that the bus is a special passenger bus, which was purchased by the operator Lin Mokai. According to the relevant laws and regulations of China's current transportation market, registered in the name of the company, the company provides business qualifications, and Lin Mokai independently manages passenger transport. In the event of a traffic accident, Lin Mokai shall pay compensation and the company shall bear joint and several liability.
The Minqing court held that Lin Mokai was the actual operator of the bus, and he took full responsibility in this accident and should bear all civil liability for compensation. As an affiliated unit, the transportation company has the obligation of supervision and management, and shall bear joint liability.
The court then ordered Lin Mokai to compensate150,000 yuan. In addition to the 30,000 yuan already paid, Xie Moyan should also be compensated at one time 1 100000 yuan. Minqing Branch of Huawei Automobile Transportation Group Co., Ltd. shall bear joint and several liability.
It is understood that this newspaper has reported similar cases before (see June 15 A6 for details). Lawyer Chen Jianmin of Fujian Feng Bing Law Firm believes that many transport vehicles are now affiliated with transport companies, which charge a certain management fee.
In recent years, the legal interpretation of car accidents has been changing, and the overall judgment is that transportation companies should bear joint and several liability. However, people in the legal profession believe that it depends on how much the company collects management fees. If this amount is large, the rights and obligations should be equal. In addition to joint and several liability, the transportation company should also bear certain liability for compensation.